BVA Case 12-2012: Ptsd

The appellant averred that the veteran submitted new and material evidence within the one-year appeal period and that VA had failed to adjudicate the claim on the merits.

On appeal to the Board, the appellant asserted that an October 1, 1985,Board decision was the product of CUE on two theories:(1)The Board erroneously determined that the January 1952 rating decision had become final,and (2)the Board failed to consider three pieces of medical evidence that manifestly changed the outcome of the Board's decision.

In the first February 29,2012, Board decision on appeal,the Board found no CUE in the October 1, 1985,decision.

In the second February 29,2012,Board decision,the Board denied enhanced DIC benefits.

This rating decision did not address the veteran's nervous condition.

The Veteran's 1982 Claim for a Nervous Condition In a May 17,1984,decision,the Board noted that the veteran sought disability compensation for various disabilities,including a nervous condition,which had not been prepared for appeal and referred the claim to the RO for adjudication.

In her Substantive Appeal,the appellant asserted that the October 1,1985,Board decision was the product of CUE on two theories:(1)The Board erroneously determined that a January 1952 rating decision had become final, and (2)the Board failed to consider three pieces of medical evidence that manifestly changed the outcome of the Board's decision.

In the first decision, the Board determined that the October 1,1985,Board decision that denied the veteran disability compensation for an acquired psychiatric disorder was not the product of CUE.